Today legislation will be introduced in Parliament to amend the Canadian
Human Rights Act (only 6.5 years after it was promised) to prohibit
discrimination on the basis of sexual orientation (yaaay!)
the same legislation will prohibit discrimination on the basis of
marital status --ok-- but the legislation defines "marital status"
in such a way as to EXCLUDE same-sex relationships. (booh!)
Following is the text of an article in the Toronto _Globe_and_Mail_
from today ,1992 12 10. Typed without permission, typos are mine.
-----------------begin text--------------------
RIGHTS PROTECTION EXTENDED TO GAYS
*Campbell's legislation to ban discrimination based on sexual orientation*
----------by Graham Fraser, Parliamentary Bureau
OTTAWA-- Justice Minister Kim Capbell will introduce legislation today to
end discrimination on the basis of sexual orientation in the federal
governement and in federally-regulated businesses [eg banks, phone companies].
"The courts have said that it is necessary, consistent with the
Charter of Rights and Freedoms, to include sexual orientation in human
rights," Ms Campbell told reporters last night.
She said the legislation, amnding the Canadian Human Rights Act,
will give homosexuals the right to use the federal Human Rights Commission
to hear complaints about discrimination based on sexual orientation.
Ms Campbell also indicated that she will be changing the act to
prohibit discrimination based on marital status. She said the terms
would be similar to those in the Ontario Human Rights Code. But under her
proposal, marital status would be defined in a way that does not include
same-sex relationships.
"I don't know of a jurisdiction in the world that recognises same-
sex marriage," she said. "This is not to say that same-sex relationships
are not recognised for certain public-policy purposes -- and that is an area
in which there has been some change over the last few months in Canada, a
and will still be a matter before the courts."
She said marital status is being defined as the status of being
married, single, divorced, widowed, or living in a conjugal relationship
with a person of the opposite sex for more than a year.
The federal government has promised for [6.5] years to introduce
changes to end discrimination based on sexual orientation, but has faced
strong opposition from conservatiove elements in the Tory caucus.
In August, the Ontario Court of Appeal ruled that the rights of
homosexuals should be "read in" to the Canadian Human Rights Act, and,
in November, the federal government announced that it was not appealing
the ruling.
The Ontario court made its decision in a case in which two gay men,
Graham Haig and Joshua Birch, argued that they should have a right to use
the Human Rights Act to protect themselves from discrimination by federal
agencies.
Mr Birch is a former air force captain who was forced out of the
military because he was gay. He had been a pilot in the service for about
five years, but his career was placed in limbo when he revelaed his sexual
orentation to his commanding officer in 1989. Because of military policy, l
he was told that he was ineligible for promotions, postings and careeer
training.
New Democratic Party justice critic Ian Waddell was unimpressed
with Ms Campbell's proposed changes, saying that the courts had given her
little choice.
"She's reacting again to the courts," he said. "She in fact is
being forced to do this by the court...The government does nothing, talks
a good game, the courts rule -- and the government has to react to it."
Ms Capbell said that if parliament ends its current session without
dealing with the legislation, the amendments will be introduced again in
the new Parliament.
Since the government hasn't yet determined whether it will terminate
the current session rather that adjourning it, Ms Campbell said she was
introducing the amendments now.
"When we have an extended period of time when the House is not
sitting, I try to put out legislation that may be complex or contentious
to give people a chance to look at it." She said it was particularly
important to table the legislation today, on Human Rights Day.
------------------------------end of article----------------------
--
Chris Ambidge / ambidge@ecf.toronto.edu / ambidge@ecf.utoronto.ca
chemical engineering / university of toronto
200 college st / toronto ON / M5S 1A4 // 416 978 3106